Kyle C. Bisceglie

Kyle has significant first-chair litigation experience for plaintiffs and defendants in numerous multi-day and multi-week jury trials before state and federal courts and in arbitrations before JAMS, AAA, and FINRA. One client observed Kyle was “masterful in his selection and treatment of the jury, and how he prepared and handled witnesses. His cross-examination of the plaintiff totally destroyed him and his case, exposing the inconsistencies and dishonesty in the plaintiff’s positions.” Combining “sharp dispute resolution skills and personable, respectful professionalism,” Kyle positions his clients for success in court and negotiations. Many of his cases have been widely reported in the media.

Whenever possible, Kyle strives to protect his clients from litigation. He regularly counsels on risk analysis, litigation avoidance, negotiated resolutions, alternative dispute resolution, and the impact of litigation on business operations. Per the CEO of a private company:  “Kyle demonstrated to me that he truly cared not only about the outcome but about my business and the costs we would incur to achieve our goals.”

Kyle immerses himself in each case from both legal and business perspectives. He considers the business as a whole, costs, risks, and benefits. Then he balances alternatives to identify the best strategy to achieve his clients’ goals, whether litigation, arbitration, mediation or negotiated settlement. Thorough, and with rigorous attention to the matter, Kyle navigates complex situations for his clients and readily adjusts to mid-course changes in facts, circumstances and client preferences. Highly responsive, a frequent communicator, and a good listener, Kyle ensures that clients stay informed on key strategies and processes. One general counsel observed:  “He goes to great lengths to ensure that senior management is informed and up to speed on key litigation strategy and process. He has worked tirelessly and effectively on our behalf and I recommend him highly.”

Kyle serves a diverse and distinguished client roster that has included UBS Securities, Bank of America, Credit Suisse, TD Ameritrade, TV Tokyo, Toei Animation, Marvel Entertainment, Atari, Eataly USA, Village Super Markets, ImmunityBio, Inovio Biomedical Corporation, Rent the Runway, the United States Polo Association, KIPP Schools, and New York University.

He has prevailed in wide-ranging cases. He’s favorably resolved shareholder, investor and corporate finance disputes, breach of contract cases, securities litigation, licensing and trading matters, directors & officers liability cases, M&A litigation, partnership disputes, and cases involving pharmaceutical development and medical instruments, interactive and mobile devices, and high-profile intellectual property, art, and media properties. The latter include many well-known entertainment properties and brands such as Ghost Rider, Iron Man, Spider-Man, the Incredible Hulk, Dungeons & Dragons, Yu-Gi-Oh!, and Captain Morgan's Spiced Rum. 

Before joining Olshan, Kyle served as a prosecutor and practiced at a large Wall Street-based international law firm. He began his legal career as a law clerk for Alfred M. Wolin, U.S. District Court for the District of New Jersey. He is a co-author of New York Commercial Litigation Guide, a practical, task-oriented guide to commercial litigation.

• Won a $6 million award and judgment for one of New York's largest natural foods distributors in an arbitration before the AAA against a maker of organic yerba mate products arising from the termination of a long-term contract.
• Obtained $9 million for client after a 13-day trial resulted in a 95-page court decision finding fraud, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, misrepresentation, breach of contract and tortious interference against a publicly traded licensing and fashion company and reality television personality.
• Successfully defended a publicly traded retail financial institution and a large advertising agency against trademark and copyright claims brought by a movie studio involving the quotation “Nobody Puts Baby in the Corner" from "Dirty Dancing.”
• Won decision from an arbitrator before JAMS awarding a publicly traded client all of its damages with interest and rejecting all counterclaims after five days of testimony from six fact witnesses and two experts involving digital publication of foreign-language translations of some of the world's best-known comic book characters.
• Won a temporary restraining order in New York state court to block the imminent termination of a $50 million hotel franchise and prevent default on a $35 million mortgage. After partially settling the lawsuit, represented the franchise in its subsequent re-branding of the hotel to a new flag.
• Won a $44 million breach of contract and Unfair Trade Practices verdict in a three-week jury trial for a privately owned endodontic supply company.
• Won a decisive defense award for a bulge-bracket investment bank after a three-day FINRA arbitration where 11 witnesses testified to a three-member panel involving a disputed bond trade.

News

Speaking Engagements

Publications

Alerts

Honors & Recognitions

• Martindale-Hubbell AV Preeminent® (5.0/5.0) Peer Rated for Highest Level of Professional Excellence since 2005
• Named annually to the New York Metro Super Lawyers list as a “Top Business “Litigator” in New York since 2009
• Ranked as a “Recognized Practitioner” in Litigation: General Commercial by Chambers USA, 2017
• Recognized as a “Recommended Lawyer” in The Legal 500 U.S. guide for Media, Technology and Telecoms – Advertising and Marketing, 2017

Professional

• American Bar Association
• New York State Bar Association
• New York State Bar, Commercial and Federal Litigation Section
• New York County Lawyers' Association
• Association of the Bar of the City of New York
• Globalaw

“I highly recommend Kyle Bisceglie at Olshan for his legal expertise and advice. My most recent experience with Kyle stemmed from our pursuing our rights under a distribution agreement which were not being properly honored. The issues were highly technical, but Kyle and his team easily grasped the nuances. As issues became contentious, and his client principal perhaps a little emotional, Kyle expertly guided us through various strategies, all designed to keep us out of a public court and in a private arbitration setting where we had a better chance of success and would be less costly to my company. The arbitration was arduous but ultimately we achieved a successful outcome with which we were extremely pleased. Besides his obvious expertise, Kyle demonstrated to me that he truly cared not only about the outcome but about my business and the costs we would incur to achieve our goals. During our arbitration, his steady advice and judgment, not just from a legal standpoint, but from a business standpoint, kept me focused on the ultimate goal. It was a pleasure to deal with Kyle and everyone at Olshan.”
- CEO of a private company

“Kyle provides a unique combination of litigation expertise, in-depth business understanding and pragmatism. He has acted as my lead outside counsel on numerous litigations, potential disputes and "situations" over the last decade, a number of which have been difficult and complex. He has been critical to successfully defending and protecting our company's business and legal interests. In every case, Kyle's approach is thorough and thoughtful. He expands his role as a litigator and makes it a priority to be a business partner by understanding the goals and values of our business. He goes to great lengths to ensure that senior management is informed and up to speed on key litigation strategy and process. He has worked tirelessly and effectively on our behalf and I recommend him highly.”
- General Counsel of public company

“Kyle is an outstanding litigator and legal advisor; he has a deep background, broad experience and excellent judgment. We have worked together for five years and he has consistently delivered great results. Most recently, he represented my company in a FINRA arbitration in LA that included 3 days of live testimony and resulted in an excellent outcome. I highly recommend Kyle for commercial litigation matters based on our experience working together.”
- Director & Counsel at public company

“I personally know and have worked with Kyle Bisceglie, a partner at Olshan, on significant litigation, pre-litigation and arbitration claims. I have also served with Mr. Bisceglie and other of his in-house clients as a panelist on a CLE filmed for national distribution on litigation management. I have also served as co-panelist with Mr. Bisceglie on several panels on the topic of litigation readiness and eDiscovery. In short, I know Kyle well, and as a former GC of a large corporation managing scores of in-house and outside law firm lawyers, I can tell you: Kyle has excellent leadership skills, is focused and attentive to client needs and preferences. He is known for his rigorous attention to detail, good oral and written communications skills and sensible, rational rates. Kyle Bisceglie gets results. His track record in court is impressive and he is very professional with judges, juries and opposing counsel. He gives clients both trial expertise and the type of subject matter expertise officers and Boards love. He is effective, personable and results oriented. He is a quick study on the merits and his special expertise is the litigation process itself which he navigates to the advantage of his clients in the Federal and State Courts of New York very well. Judges and juries like him because he is respectful, professional and situation appropriate - they may not always agree with him at first but they respect him and will listen to him and give him a chance to win them over. That’s huge in negotiations and in the courtroom. He is a team leader and has the ability to effectively manage and skillfully leverage the efforts of numerous legal professionals working on different aspects of a complex case – not everyone can do that! Mr. Bisceglie has won significant cases involving trading disputes, interactive software, licensing disputes involving famous brands, business torts, securities and shareholder disputes. These are all areas where clients would be wise to hire him. What I like about Kyle Bisceglie's approach is that he is not only curious about but always LOOKS for ways to improve what he does and how he works with his clients. He is a frequent communicator, a good listener and adjusts easily to mid-course changes in facts, circumstances or client preferences. I recommend him.”
-  Former General Counsel of large private company

“As the CEO of a publicly traded company, our company retained Kyle on a number of matters over a multi-year period including two cases where the company had been sued by aggressive plaintiff's lawyers. He handled them expertly, fighting for our company's interests but always trying to minimize the impact on our business. He was able to successfully resolve most issues, and the officers and employees of our company enjoyed working with him – he is a pleasure with which to work. Kyle had to try one case for us which I attended personally sitting at counsel table. Kyle was masterful in his selection and treatment of the jury, and how he prepared and handled witnesses. His cross-examination of the plaintiff totally destroyed him and his case, exposing the inconsistencies and dishonesty in the plaintiff's positions. After more than a week of trial, the jury returned a unanimous verdict in less than 2 hours in our favor. Kyle, then, found a statutory basis based on one of the dismissed claims for us to obtain a substantial judgment against the plaintiff! I have worked with many lawyers, and there is no one I would call before him when there is potential litigation on the horizon. He is a great legal resource to have on the team.”
- CEO of public company

“Kyle is an excellent lawyer. We give him the highest recommendation. He has provided our company a plethora of clear, insightful, and cost-saving advice – ranging from the arbitration clause he wrote for us, to helping us protect our trade name in a cost-effective manner that saved us from litigation. While Kyle has successfully kept us litigation-free, I've seen him in action. He is an excellent litigator, for whom I have the utmost confidence. We will use him should we need any litigation services. Additionally, Kyle has provided our company many business introductions. A large percentage of these introductions have blossomed into profitable relationships for us. In sum, Kyle is an outstanding lawyer who cares deeply for his client's best interests, working arduously to help us succeed. He has been and continues to be an invaluable member of our executive team. Feel free to contact me to get a more direct recommendation: Elliot@CollaborativeHealth.net.”
- CEO of private company

“Kyle and I worked together in a case where Kyle was pursuing claims by multiple corporations against a major bank. I was impressed enough with Kyle's work that I retained him as counsel for our company to represent us in various matters. Kyle is a very skilled attorney, negotiator and advocate. He immerses himself in the facts of the case and very quickly has a superior command of the facts, no matter how complex. He has tremendous experience, is a pleasure to deal with and takes great pains to keep his clients informed throughout every step of the project at hand. We have been very pleased and impressed with his and his firm's work and I highly recommend him.”
- Global Forensic Practice Lead